Friday, August 31, 2007

A lawsuit recently filed against the Recording Industry Assn. of America could ultimately force the org to drop or dramatically change the way it uses its principal weapon in the fight against online piracy, according to experts and observers.

The case -- filed in Oregon and asserting claims under the Computer Fraud and Abuse Act and the Racketeer Influenced and Corrupt Organization Act -- details the RIAA's alleged use of "illegal and flawed" methods when investigating people for downloading or swapping copyrighted songs without paying for them.

The plaintiff in the case, disabled single mother Tanya Andersen, claims the RIAA was aware of the faulty methods but has nonetheless filed lawsuits against innocent people in some cases.

Andersen claims she is not the only victim of such tactics and is therefore seeking class-action status for her suit. If the court grants that status, the RIAA could be facing a losing proposition because class-action suits can be extremely risky for defendants, in this case creating the potential for a big payout by the music labels.

"If class action is certified, it's more likely that the record companies would settle," said Ronnie London, an attorney versed in class-action law with the firm of Davis Wright Tremaine, which specializes in communications law.

Settlement could also lead to less aggressive legal tactics in pursuit of online pirates.

The recording industry's willingness to settle is far from guaranteed, however, given the nuanced variables of class-action suits and the RIAA's contention that the Oregon suit is meritless and thus should be dismissed -- an argument the org plans to make in a brief it will file with the court in the coming weeks.

According to Andersen's complaint filed with the U.S. District Court in Portland, "For years, the RIAA and its member companies have been using flawed and illegal private investigation information as part of their coordinated scheme and common enterprise to threaten, intimidate and coerce payment from private citizens across the United States. As such they have clogged and abused the federal courts for many years with factually baseless and fraudulent lawsuits."

In 2005, Oregon resident Andersen received notice that the recording industry was suing her, claiming it had proof she had illegally downloaded and shared almost 1,300 files of copyrighted music. The notice strongly suggested that she agree to a settlement of $4,000-$5,000 or face prohibitively expensive litigation.

Andersen said she had done no such thing and hired a lawyer to countersue. As the discovery phase proceeded, Andersen's lawyer eventually claimed:

o MediaSentry, the investigative firm contracted by the RIAA to identify illegal downloaders, is not licensed for such investigations.

o MediaSentry and the RIAA have known "for years" that the investigative methods are flawed and sometimes result in cases of mistaken identity.

o An agent from the settlement company told Andersen that he doubted she was guilty, but the record labels "would not quit their attempts to force payment from her because to do so would encourage other people to defend themselves."

o The RIAA repeatedly refused to accept Andersen's offer that their representatives come inspect her computer's hard drive until a court ordered the inspection -- which showed the computer had not been used for any infringement.

o Persisting, the RIAA began to harass Andersen's 10-year-old daughter, demanding a deposition from her and even posing as a relative when calling her school to get access to her.

o The RIAA finally dropped its case only after a court ordered it to produce evidence of infringement, which the org never did."Tanya Andersen is not alone," said Lory Lybeck, her attorney. "Her story is emblematic of the abuse this process has at its core." Lybeck added that, since filing for class-action status, he's been contacted "by a number of other people who are in a similar position" and is "confident" that status will be granted.

The significance of class-action status "would be huge," said Ray Beckerman, an attorney who has represented defendants in illegal downloading lawsuits filed by the RIAA. "The RIAA's whole gambit has been economic imbalance: four huge multinational corporations join forces in an even larger cartel and sue Mom and Pop. Class actions are economic equalizers, anathema to the RIAA. If there's a class action, the court could issue a preliminary injunction that would stop the RIAA's unlawful practices," Beckerman added. "If class action is certified, there would probably be at least a behavioral change on the part of the record companies. They'll be more circumspect about which defendants they actually pick and may be more amenable to settling for less money," London predicted.

Defendants can seek dismissal of the case even before the court rules on class action status, and the RIAA intends to do this. Failing that, defendants can also dispute the merits of the application for class action.

Once class-action status is granted, the key is usually whether the plaintiffs are likely to prove they have been harmed as a direct result of wrongful actions by the defendant, but Heidi Li Feldman, a professor at Georgetown U. Law Center, said that even then, a settlement offer isn't assured.

Gaining class-action certification is anything but easy. "The courts say classes must be certified narrowly," Feldman continued. "That means there must be serious overlap in both the facts of each case and the laws that are applicable to all members of the class."

A court decision on certification can take upward of a year.

"We are confident that (Andersen's) claims have no merit," an RIAA spokeswoman said. "We look forward to presenting our arguments in the next few weeks to the court about why this case should be dismissed. In all our cases, we seek to follow the facts and be fair and reasonable in resolving pending claims."

Since September 2003, the RIAA has filed more than 21,000 illegal downloading suits.

Thursday, August 30, 2007

Saxophonist Gerald Albright celebrates a milestone, his 50th birthday, today (August 30th). The veteran musician, who has also played bass, flute, and programmed drums on numerous recordings, is preparing for the release of his next Peak Records CD.

Born and raised in Los Angeles, Albright became a sought-after session player, recording with Les McCann, pal Patrice Rushen, Howard Hewett, Rodney Franklin, Atlantic Starr, DeBarge and others before landing his first solo recording deal at Atlantic and releasing 1987's Just Between Us.

Over the years Albright has remained a go-to session musician for top pop, R&B, and jazz artists. His credits include work with Jeffrey Osborne, Quincy Jones, Anita Baker, Peabo Bryson, Whitney Houston, Patti LaBelle, Teena Marie and many others. He has also been featured in a number of TV bands, including the Grammy Awards, American Idol, and others.

Albright explained that he is greatly inspired by gospel music: "I've had the pleasure of playing with a lot of gospel artists over the years: BeBe & CeCe Winans and the Winans and Helen Baylor and I've backed up Yolanda Adams, and just several artists in different situations. It's just a music that really moves me, I'm very, very touched by gospel music."

Of the many magic moments he's had on stage, he treasures a memory of playing alongside President Bill Clinton at a private Democratic fund-raising event held at the Los Angeles home of singer-songwriter/producer Kenneth "Babyface" Edmonds. At the event, Clinton approached Albright and commented on his eye-catching saxophones: "Then he takes the mouthpiece cap off and he starts blowing some notes out of my horn. He starts playing some old standard, jazz standard, and he says, 'Come on, Gerald, let's play together.'So I pick up the soprano and here we are playing -- I can't remember the tune, I really wish I could, but anyway. Then the musicians start walking back up on stage and then it turns out to be this 10 to 15-minute jam session with the president. And people got some shots of it and were gracious enough to mail them to me and I was just so appreciative. Definitely something to tell the grandkids."

Albright has also released a total of 10 solo albums, including the March 2006 release, New Beginnings. Albright explained that he likes to keep a mix of musical styles on the set: "I try to make it palatable for smooth jazz radio because I have a lot of traditional jazz in me, I have a lot of blues, R&B. And the smooth jazz thing is just kinda this new thing that's happened in recent years. I consider myself, if I had to categorize myself, as a contemporary jazz artist, which to me kinds brings a union together between traditional jazz and R&B."

In what will undoubtedly be chalked up as a shutout victory for the recording industry, a federal court in Arizona last week granted summary judgment in favor of the RIAA in one of its many anti-piracy lawsuits against ordinary citizens.

The Howell family of Scottsdale, Arizona has been found guilty of copyright infringement after an investigative team hired by recording labels discovered copyrighted material being shared on Mr. Howell's computer through the Kazaa P2P program.

As Digital Music News first reported, Judge Neil Wake's judgment order clearly states the Howell's home IP address had been turned over to the court by Cox Communications, the Howells' broadband provider. The recording companies (essentially the membership of the RIAA, acting individually) then hired MediaSentry Services to look into the contents of the Howell's shared folder, at least for one of their two computers. There the firm found 2,329 MP3 tracks, many of which were later identified as works copyrighted by the plaintiffs.

Mr. Howell's defense was that 1) he was at work at the time MediaSentry detected his shared folder at home, so he wasn't really the person distributing the files at the time; 2) he legally purchased all the tracks in that shared folder; 3) those files had originally been in a non-shared folder, but some hacker probably found a way of moving them into the shared folder.

That defense didn't fly.

Under federal law, Judge Wake wrote, "Distribution of copyrighted material need not involve a physical transfer." Then citing US code, he added, "'[T]he owner of a collection of works who makes them available to the public may be deemed to have distributed copies of the works' in violation of copyright law."

So Howell didn't need to be home at the time, and sharing doesn't require his physical presence. That's a case that P2P proprietors have made in their own defense in the past; this time, it worked against the defendant.

The judge cited previous rulings where Napster users were found guilty of infringement by virtue of having installed Napster and having songs in their shared folder. He then said Kazaa was basically the same: "Several cases suggest that Kazaa users commit direct infringement by employing the Kazaa program to make their collections of copyrighted sound recordings available to all other Kazaa users."

While declining to dispute the fact that the recording companies owned the songs in question, Howell apparently tried to make the case that since he owned the tracks of the songs in question, then placing them on his computer constituted fair use. So the matter of where he placed them on his computer should be immaterial.

Swing and a miss, strike three. "The question is not whether Howell owned legitimate copies of some of the sound recordings on CD," Judge Wake concluded, "but instead whether he distributed copies of the recordings without authorization. Howell's right to use for personal enjoyment copyrighted works on CDs he purchased does not confer a right to distribute those works to others without Plaintiffs' authorization."

Mr. Howell has been fined $40,850 in penalties and court costs, which will probably be the end of it unless he files an appeal. The recording companies had been trying to leverage an Arizona law called "marital community liability," under which the wife may be equally guilty for offenses committed by the husband which she did nothing to stop, but the judge stopped short of going down that road.

The new album from leading contemporary jazz singer Curtis Stigers titled Real Emotional (Concord Jazz) is available in stores and online now!

Real Emotional showcases Stigers' natural vocal ability and his talents as an interpreter of modern standards. The album features 12 tracks including three brand new originals in addition to some classic material including; Tom Waits' 'San Diego Serenade', Bob Dylan's 'I'll Be Your Baby Tonight' and Emmylou Harris' 'I don't Wanna Talk About It Now'.

In addition to a string of major label albums throughout the 90's and mainstream success in the UK, Curtis Stigers has also appeared on The Bodyguard and Dawson's Creek soundtracks. Hollywood CA born Stigers has performed and recorded with artists; Gene Harris, Elton John, Eric Clapton, Prince, Bonnie Raitt, Rod Stewart, The Allman Brothers Band and Joe Cocker.

Album hits stores as the title track is poised to go #1 on the radio chartThe mercury continues to rise from coast to coast as the nation has been hit this summer by a sizzling wave of funk and contemporary jazz courtesy of two of the hottest horn men in the game: trumpeter Rick Braun and saxophonist Richard Elliot. R n R, the album of duets by the luminaries who combined have released 24 albums and are capable of fully stocking a jukebox with their chart-topping hits, arrives in record stores today from the ARTizen Music Group record label with the promise of keeping the party grooving through next summer. The first radio single, the indelible title track that sounds both vintage and fresh, is top 3 and set to pounce on the #1 spot. Braun and Elliot wrote and produced the dozen original funk, R&B, contemporary jazz and pop songs that comprise what is certain to standout as the album event of the year in the genre.

The highly-anticipated collaboration between Braun and Elliot has been brewing for over a decade. Over the years, they’ve toured together and have made appearances on each other’s albums. Three years ago, they partnered with a couple of music industry veterans to create the ARTizen Music Group. It then became a question of “when.” The stars finally aligned earlier this year when the duo entered Braun’s studio to record without any preconceived ideas. They gathered grooves from a variety of sources, such as Jeff Lorber, Rex Rideout and Philippe Saisse, and wrote the melodies as they recorded, which was a unique process for them. Braun and Elliot were backed by a talented collective consisting of Chris Standring, Dwight Sills, Gregg Karukas, Lenny Castro, Ricky Lawson and Nate Phillips. The result is an album rich with spontaneity that exudes the raw, dynamic energy of a live performance.

To help launch the album at retail, Braun and Elliot will be at Borders stores in Baltimore, Maryland and Washington, DC on September 4th & 5th to perform a short set and sign CDs. Braun and Elliot have spent much of the spring and summer co-headlining the perennially successful Jazz Attack concert tour with Jonathan Butler and Peter White, which helped whet fans’ appetites for the new disc. Jazz Attack dates continue through the fall and in between, Braun and Elliot are out individually headlining concert dates with their own bands.

Although the album was just unveiled, critics are already hailing R n R. Soul Tracks declared, “This masterwork of comfortable grooves show(s) conclusively why these are among the gurus of the smooth jazz genre.” All Music Guide stated, “The music…flows from their collective musical minds like a natural extension with the same elements of spontaneity, soul, and sex appeal. Each tune is based on a particular rhythmical feel or texture: shuffle, boogaloo, Latin, funk, even 20th century cool and bebop colors… With great performances emanating from both Braun and Elliot,

R n R is exciting and lively, yet warm, sexy, and mellow. It is in this experimental way that you begin to grasp the depth of their combined signature sounds and the impact it will have on their devoted and new fans alike. Highly recommended.” Smooth Jazz Vibes wrote, “R n R is a feisty collection of horn driven grooves that checks all the right boxes and which is enhanced by a stellar line-up of guest musicians…Succulent, zesty numbers abound and this is typified both by the title track and with ‘Curve Ball’ where Elliot and Braun give each other the space in which to individually shine while still coming together to generate what is in every respect a veritable horn fest.” Urban Network said, “The gentlemen have teamed this year for a soulful duo project featuring the first single/title track ‘R n R,’ which sounds like something the legendary Adderley Brothers might have thrown down in 2007. The duo wax dark and mysterious on the other highlights: ‘Sweet Somethin’,’ ‘The Stranger’ and ‘Down and Dirty.’ Also impressive is the tricky appropriately titled ‘Curve Ball.’”

Jazz Review opened by asking, “Could one expect anything less than perfection from two of the most colossal and prolific names in all of smooth jazz?...this is one album that proves to be worthy of all the accolades it will surely receive. It proves yet again that those at the top of their game are there for a very, very good reason.”

Sunday, August 26, 2007

The premise of Supercharged, the seventh album by Down to the Bone, is a simple one. It only asks the listener one question: “Do you wanna get down?”

For those that answer with an affirmative “Good God, yes” this is your reward.

This is bobbing your head, wiggle your butt in your seat music. No ballads, no lame stabs at hip-hop or rap, just good ol' soul music with real musicians playing real instruments. All the overly arranged, chilly and deadly dull commercialized jive that passes itself off today as funk music would hang it's head in shame stacked up with the true-to-the-game production and arrangements of Stuart Wade. All you need to enjoy it in full is a pair of loud speakers, no neighbors and a great big glass of Kool-Aid.

Workouts like “Funkin' Around” and “Cosmic Fuzz” make no pretense to be profound, but they do sound like they came straight out of a time warp in the late sixties via a stopover at a particularly hip Memphis nightclub. Pete Grogan's saxophone solos sizzle and the rhythm section of bassist Julian Crampton and drummer Adam Riley are right in the pocket. The horns wail and blare away in search of the good groove.

That's not to slight Neil Angilley's piano solo on “Parkside Shuffle” or Roy Ayers going nuts on the vibes on the accurately titled, “Electric Vibes.” The sadly underrated, but always entertaining vocals of Hilary Mwelwa of Hil St. Soul turns “Smile to Shine” into an energetic rave, while Crampton's bass lines percolate behind her. Vocalist Corrina Greyson brings it all home with the irresistibly danceable “Shake It Up.”

Supercharged is a throwback to the days of house parties when people spent more time bumpin' and gridin' on the floor than hanging on the wall jabbering into cell phones striking a pose and faking the funk. The main problem for Down to the Bone is that they may be too funky to find a place on America's tightly restricted and overly safe radio stations. Way too hot and sweaty for smooth jazz, too funky for what passes for urban radio and too much in love with old Stax and Atlantic records soul, it would take an awfully brave and very hip program director to throw something like “Space Dust” on the uninitiated.

It might be good for them though. When it comes to staying true to the old school of funky grooves, Down to the Bone is holding it down faithfully and in fine style with Supercharged. You can hear a little of Sly and the Family Stone, Tower of Power, War and a lot of surprisingly authentic soul music from one above average white band.

Hands down, Supercharged is a pleasant surprise, a stone cold lock for one of the best albums of the year and a funky good time.

Friday, August 24, 2007

Already a familiar and exciting force on the contemporary jazz scene for years as keyboardist and musical director for superstar saxophonist Dave Koz, Brian Simpson's breakthrough as a solo artist with his Rendezvous Entertainment debut It's All Good was the genre's major story of 2006. Focusing once again on compelling acoustic piano melodies, bright jazz improvisations and spirited funk grooves, Simpson keeps the extraordinary momentum hopping--and, true to the moniker he chose for the album, soaring--with Above The Clouds.

The title track of It's All Good proved instantly and joyfully prophetic, as it hit #1 on the Radio & Records Smooth Jazz Airplay chart and remained in the Top 5 for four months; his follow-up single "Saturday Cool" went Top 15. He performed "It's All Good" during the many concerts he did with Koz and during the inaugural run of the Dave Koz And Friends At Sea Cruise (now heading into its third year), for which he is also music director. In the Summer of 2006, Simpson was also part of the hugely successful 30-date Rendezvous All Stars Tour with his labelmates Wayman Tisdale, Kirk Whalum and Jonathan Butler.

"The incredible response to both the song and the album 'It's All Good' was a tremendous validation of all I had been working on for so many years," he says. "After so many years behind the scenes, I'm a solo artist and I'm here to stay. I really wanted the music on Above The Clouds to make a statement, like, this guy's hanging for the long haul and he's someone to be taken seriously. The most important thing for me has always been connecting with people, especially in the live setting, with the music that I write.

"I was on a creative roll and began working on these new tunes the minute I had finished recording It's All Good" Simpson adds. A lot of these songs came to me very quickly, and I kept most of the original ideas I had on the demo versions. Overall, the album's got a very masculine sound, with strong basslines and drums throughout. Nobody's holding back!"

Even while Simpson was establishing himself in the early 90s as a hit R&B songwriter and touring musician for such R&B stars as Teena Marie, Janet Jackson and Rachelle Ferrell, he was jamming at night in local L.A. clubs with the city's top jazz and soul musicians. The sessions for Above The Clouds brought out some of the best from his hefty Rolodex: guitarists Tony Maiden, Darrell Crooks and Ray Fuller; bassists Alex Al, Smitty Smith, Larry Kimpel and Melvin Davis; drummer Michael White and percussionist Lenny Castro. Saxophonist and frequent Rendezvous Entertainment producer Darren Rahn joins with his trumpeter/flugelhornist brother Jason Rahn to create the fiery horn section on the vibrant and thumping jam "From The Hip;" the track also features guitarist Chuck Loeb's cool, crisp electricity.

Simpson fans that had a blast grooving along to "It's All Good" will vibe instantly with the playful melody and easy rolling funk rhythms of "What Cha Gonna Do?" the first single from Above The Clouds. The irrepressible "Juicy," featuring a rich, dazzling piano/sax interplay between Simpson and Whalum-in the spirit of Les McCann and Eddie Harris--keeps the party going with its mix of contemporary grooves and 60s soul-jazz flavors. After "From The Hip," Simpson seduces us with his sensuous and romantic side on the sweet retro-flavored "Let's Get Close," "One More Time" (featuring the sweet muted trumpet of Ron King) and the wistful, frolicsome "The Last Kiss."

On Simpson's very first solo album, the now hard to find 1995 release Closer Still, he recorded a song for his oldest daughter "April." It's All Good featured "Blues For Scott," a dedication to his son. The tradition continues with "Fiona's Song," a lovely ballad for his 11-year-old daughter featuring solos by Koz and Tisdale before all three stars come together and harmonize. The tropical flavored "Bali" features the tender acoustic guitar charms of Ramon Stagnaro, while the buoyant title track finds Simpson duetting beautifully with George Duke's unique vibes sound; Duke also has a lush mini-moog solo. Before the rousing closer "That's Right," Simpson strips down for the thoughtful and emotional solo piano piece "Memories Of You."

Though Brian Simpson's greatest creative and commercial triumphs behind the scenes have come playing alongside some of the top R&B artists in the world, he was mostly listening to straight ahead jazz while growing up in the Chicago suburb of Gurnee, Illinois. While he states Booker T and the MG's played an important part in his musical evolution, he was strictly an Oscar Peterson man when he majored in piano at Northern Illinois University. He was a star performer in the school's big band, which won numerous Downbeat awards and did shows all over the world.

Upon graduating with a BA in music, Simpson moved to Los Angeles, quickly immersing himself in the local jazz scene. He soon found himself jamming after-hours with the likes of future stars Everette Harp, Boney James, and Norman Brown. Brian's story takes an interesting twist shortly thereafter. He found himself taking a temporary leave of absence from the jazz scene, touring the world with pop divas Teena Marie, Sheena Easton, and Janet Jackson. His foray into the pop world didn't end there; in January 1991 he co-wrote the #1 Pop hit "The First Time" by Surface, which conquered both the R&B and Adult Contemporary charts. In the years leading up to joining Koz's band in 1997, the keyboardist was the go-to contemporary jazz sideman, playing with George Duke, Stanley Clarke, Najee, Larry Carlton, George Howard, Billy Cobham and Gerald Albright.

"Working with Dave has been such an incredible experience for me," says Simpson. "He's the consummate artist and perfectionist, so good at everything he does, and it's always a challenge for me to make everything happen behind the scenes. I've worked with many other sax players, but there's something special about him as an artist and a person. He's really a great inspiration in so many ways."

Currently on the road as part of Dave Koz' At The Movies Tour, Simpson is also gearing up for a handful of solo gigs in September and some dates in Japan that month with Eric Benet; in November, he resumes his duties as Musical Director for the Dave Koz & Friends At Sea Cruise, and in January, Simpson will play that same role on The Smooth Jazz Cruise Hosted by Wayman Tisdale.

"I've had some great success as a songwriter and a sideman," Simpson says, "but ultimately, I came to Los Angeles to become a solo artist, and it's so exciting to be achieving that goal after working at it for so long. To start playing the first notes of 'It's All Good' and have people recognize it and start grooving to it is the ultimate for me. It's such a beautiful thing. The feeling fits perfectly with the imagery on the cover of Above The Clouds. It's great flying music!"

Thursday, August 23, 2007

The performance rights organization that collects royalties from streaming music providers on behalf of recording artists and copyright holders, has offered small streamers a reduced rate that caps royalties collected at 10% to 12% of their annual revenue. But for selected streamers to qualify, they would need to sign an agreement with the SoundExchange organization that would include a cap on growth, and a possible penalty for growing too fast.

In a statement late yesterday, SoundExchange described the restriction as "a usage cap to ensure that this subsidy is used only by webcasters of a certain size who are forming or strengthening their businesses." Webcasters would have until September 14 to sign on the dotted line, which is not long after Congress reconvenes after summer recess.

Current royalties rates that took effect last month have been recently described as 30% of revenue, though many webcasters have presented data that suggests that a zero was left off that percentage.

Yesterday's announcement by SoundExchange clearly has a "carrot" and a "stick" side to it, the latter of which reads like an ultimatum. "Small webcasters who do not sign the agreement, but continue streaming, will be responsible for paying the new rates first announced by the Copyright Royalty Judges (CRJs) in March, the first payment of which was due July 15, 2007."

But SoundExchange's reference to the discount rate as a "subsidy" might also suggest a certain bluntness to the "carrot" end of the offer as well: If indeed the discount rate is described in the agreement SoundExchange would have its prospective smaller members sign as a subsidy or rebate, it may actually be treating the amount of the discount as a kind of deferral. That suggests that if webcasters stray out of bounds, or perhaps grow too big, they could find themselves owing the deferred amount back.

Broadcasting attorney David Oxenford wrote for his firm's blog today that SoundExchange's offer appears to be little more than a restatement of a similar informal offer already made to small streamers.

"It does not address the criticisms leveled against the offer when first made in May," Oxenford wrote, "that the monetary limits on a small webcaster do not permit small webcasters to grow their businesses - artificially condemning them to be forever small, at best minimally profitable operations, in essence little more than hobbies."

But the SoundExchange offer could present a solution to a problem posed by the original royalty rates now due to it since last month. At the time the Copyright Review Board presented its final decision on rates, webcasters both large and small said the per-performance formula could result in royalties that could put them out of business, or that could force large media interests to suspend or cease streaming operations.

As the amended offer now appears to be phrased, the organization could perhaps be assured of a kind of "royalties farm," made up of streamers whose growth rate would be self-pruning. They could not grow large enough to pose a serious threat in court or in Congress, and depending upon how their agreement is worded, they may not afford to back out of the deal or go out of business during the guarantee period between now and 2010.

Web broadcaster and RAIN newsletter publisher Kurt Hanson obtained a copy of the SoundExchange offer. On his Web site today, Hanson reported that SoundExchange's growth cap limits streamers to 5,000,000 aggregate tuning hours (ATH) per month, after which the regular royalty rates agreed upon by the CRB take effect. A single ATH would be recorded by a single listener, so at that rate, a small webcaster would be limited to a total audience at any one time of about 6,944.

Hanson also located a reference to the term "non-precedential" to refer to the offered discount rate, which may indicate that new members would have to agree that just because they're being offered the rate now, doesn't mean they'll be guaranteed that rate after 2010.

"As the years rolled by, I have been compared favorably to the great Nat ‘King' Cole," admits Harris. The New York Times' Stephen Holden called him "an extremely relaxed and tasteful crooner in the Nat ‘King' Cole tradition" in his review of Allan's three-week engagement at the Algonquin's Oak Room in New York City. The Miami Herald wrote that Harris' voice and demeanor "project the warmth of Tony Bennett, the bite and rhythmic sense of Sinatra, and the sly elegance of Nat ‘King' Cole."

In fact, his very first New York review in The New York Post read: "The Man Who Would Be Cole." At that time, Harris wasn't ready for such comparisons, but a few years later he was contacted by Camelot Productions in Israel to see if he'd consider doing a 10-day tour in tribute to Cole. The tour was a tremendous success - all 10 shows were sold out and the crowds demanded encores at every venue.

"So, when the Kennedy Center asked my manager if I would be interested in doing a tribute to Nat ‘King' Cole for two nights, we both knew that a live recording would be a great way to capture the intimacy of the songs I wanted to sing," Harris recalls. These songs include Cole classics such as "L-O-V-E," "The Very Thought of You," and "Unforgettable."

Now, with his new CD release Long Live the King, Allan Harris finally pays homage to one of the most recognizable singers on the planet. Harris' romantically appealing voice reaches out with a heartbreaking depth that caresses the songs. By combining the best of the past with his unique gift to create something fresh and distinctive, Harris treats each of these classics, from "Nature Boy" to "It's Only a Paper Moon" to "(I Love You) For Sentimental Reasons," with his fullest respect.

The recording features Robert Grabowski on bass, Jim Gasior on piano, Larry Marshall on the drums and Jesse Jones on sax and flute, some of Harris's favorite musicians from the Miami area, his old stomping ground. For this special performance and recording live at The Kennedy Center, Harris wanted to work with musicians who had a relaxed approach and whom he had played with often over the years. Long Live The King was produced by Pat Harris.

Says Allan: "This 13 song tribute to Mr. Cole is my most heartfelt recording to date and a culmination of years of love and appreciation to those who were gracious enough to compare me to this remarkable man."

With the release of Long Live The King, Harris is planning a live tour of this repertoire, including a special record release performance at New York City's Blue Note on September 10 and a return to The Kennedy Center on September 28 and 29. For dates and more information, visit www.allanharris.com.

Allan Harris Long Live The King [LPR 005] available on CD September 4, 2007.